3 Tips for Discussing Prenuptial Agreements in California

With wedding season in full swing, it is worth noting that a number of couples may be considering prenuptial agreements. After all, in the past few years more people are entering into prenups. Perhaps it is a growing notion that marriage may not last forever. Perhaps it is a desire to live more like celebrities.

Regardless of the reason behind it, discussing a prenuptial agreement with your soon-to-be spouse may not be the easiest thing in the world. Indeed, talking about the potential end of your marriage is hardly romantic, but if you have been married previously, such a discussion may be necessary.

With that, we offer the following tips to help in making your prenup discussion easier.

Be specific about the assets that you are trying to protect – Generally speaking, prenups are used to protect separate property from community property. So if you have limited property that can be considered separate property (and your soon-to-be spouse doesn’t have much either) it is possible that you may not need a prenup. After all, a prenup is to protect couples with income disparities.

Know the other person’s temperament – The underlying sentiment behind a prenup (I love you but I don’t know what the future holds) could be off-putting. If you’re going to marry someone, you should know how they will react to the prospect of a prenup. Even better, you should know about how to approach the topic in a productive, non-threatening manner.

Discuss how you propose to handle problems – Who said that prenuptial agreements always have to be about money? Your agreement can detail what you want to do before filing a divorce petition; such as entering counseling or approaching a collaborative divorce attorney.

2022-04-12T14:57:36+00:0003 Jun 2015|
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